South Dakota Codified Laws
Chapter 27 - Sentence And Judgment
Section 23A-27-7 - (Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.

23A-27-7.(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.
Before imposing sentence a court shall disclose the report of the presentence investigation to the defendant, the defendant's counsel, if represented by counsel, and the prosecuting attorney, but the court may exclude any recommendation as to sentence, and other material that, in the opinion of the court, contains a diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons. The court shall afford the defendant, the defendant's counsel, or the prosecuting attorney an opportunity to comment thereon and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report.

Source: SL 1978, ch 178, §339; SL 1979, ch 159, §14; SL 1997, ch 142, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 27 - Sentence And Judgment

Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution.

Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined.

Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance.

Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined.

Section 23A-27-2 - No forfeiture of property unless expressly imposed.

Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea.

Section 23A-27-4 - (Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined.

Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.

Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted.

Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation.

Section 23A-27-7 - (Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received.

Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.

Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties.

Section 23A-27-10 - (Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators--Use of information upon written order of judge.

Section 23A-27-11 - (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere.

Section 23A-27-12 - (Rule 32(e)) Placement on probation--Exception.

Section 23A-27-12.1 - Supervision of probationers--Performance of special conditions--Payment of costs.

Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension.

Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension.

Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division.

Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch.

Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation.

Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional.